Republic of Austria v. Altmann — Scalia, J., Concurring

Summary

Justice Scalia joined the Court's opinion holding the FSIA applies retroactively to pre-enactment conduct, adding that jurisdiction-expanding statutes should similarly be applied to subsequent cases regardless of prior forum availability. The case concerns the retroactivity of the Foreign Sovereign Immunities Act applied to conduct from 1948. Kennedy, dissenting, would vacate and remand for the courts to determine whether immunity existed under the pre-FSIA regime.